Sec. 22-111b. Definitions.
Sec. 22-111b. Definitions. When used in this chapter:
(a) "Commercial fertilizer" means any substance containing one or more recognized
plant nutrients which is used for its plant nutrient content and which is designed for use
or claimed to have value in promoting plant growth, except unmanipulated animal and
vegetable manures, marl, lime, limestone, wood ashes and gypsum;
(b) "Specialty fertilizer" means a commercial fertilizer distributed primarily for
nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal
parks, cemeteries, greenhouses and nurseries;
(c) "Bulk fertilizer" means a commercial fertilizer distributed in a nonpackaged
form;
(d) "Brand" means a term, design or trademark used in connection with one or
several grades of commercial fertilizer;
(e) (1) Until July 1, 1967, and thereafter until the Commissioner of Agriculture
prescribes the alternative form in accordance with the provisions of subdivision (2)
hereof, "guaranteed analysis" means the minimum percentage of plant nutrients claimed
in the following order and form:
(A) Total Nitrogen (N) . . . . . . . . . . . . . . . . . . . . . . . . per cent
Available Phosphoric Acid (P2O5) . . . . . . . . . . . . . . . . per cent
Soluble Potash (K2O) . . . . . . . . . . . . . . . . . . . . . . . . . per cent;
(B) For unacidulated mineral phosphatic materials and basic slag, both total and
available phosphoric acid and the degree of fineness. For bone, tankage and other organic
phosphatic materials, total phosphoric acid;
(C) Guarantees for plant nutrients other than nitrogen, phosphorus and potassium
may be permitted or required by regulation of the commissioner. The guarantees for
such other nutrients shall be expressed in the form of the element. The sources of such
other nutrients, such as oxides, salt, chelates, etc., may be required to be stated on the
application for registration and may be included as a parenthetical statement on the
label. Other important beneficial or harmful substances or compounds, determinable
by laboratory methods also may be guaranteed by provision of the director and commissioner, acting jointly. When any plant nutrients or other substances or compounds are
guaranteed, they shall be subject to inspection and analysis in accord with the methods
and regulations prescribed by the director.
(2) At any time after July 1, 1967, when the commissioner finds, after public hearing
following due notice, that the requirement for expressing the guaranteed analysis of
phosphorus and potassium in elemental form would not impose an economic hardship
on distributors and users of fertilizer by reason of conflicting labeling requirements
among the states, he may require by regulation thereafter that the guaranteed analysis
shall be in the following form:
Total Nitrogen (N) . . . . . . . . . . . . . . . . . . . . . . . . . . . . per cent
Available Phosphoric Acid (P) . . . . . . . . . . . . . . . . . . . per cent
Soluble Potash (K) . . . . . . . . . . . . . . . . . . . . . . . . . . . . per cent
provided the effective date of such regulation shall be not less than six months following
the issuance thereof, and provided, for a period of two years following the effective date
of such regulation, the equivalent of phosphorus and potassium may also be shown in
the form of phosphoric acid and potash; provided, after the effective date of a regulation
issued under the provisions of this section, requiring that phosphorus and potassium be
shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus and
potassium shall constitute the grade;
(f) "Grade" means the percentages of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the
same terms, order and percentages as in the guaranteed analysis;
(g) "Official sample" means any sample of commercial fertilizer taken by the commissioner or his agent and designated as official by the commissioner;
(h) "Ton" means a net weight of two thousand pounds avoirdupois;
(i) "Per cent" or "percentage" means the percentage by weight;
(j) "Person" includes individual, partnership, association, firm, limited liability
company and corporation;
(k) "Distributor" means any person who imports, consigns, manufactures, produces, compounds, mixes or blends commercial fertilizer, or who offers for sale, barters
or otherwise supplies commercial fertilizer in this state;
(l) "Registrant" means the person who registers commercial fertilizer under the
provisions of this chapter;
(m) "Director" means the director of the Connecticut Agricultural Experiment
Station;
(n) "Commissioner" means the Commissioner of Agriculture.
(February, 1965, P.A. 198, S. 2; P.A. 73-278, S. 1, 21; P.A. 95-79, S. 84, 189; June 30 Sp. Sess. P.A. 03-6, S. 146(e);
P.A. 04-189, S. 1.)
History: P.A. 73-278 replaced "director" with "commissioner of agriculture" or "commissioner" and in Subdiv. (e)(1)(C)
required guarantee of substances or compounds by both commissioner and director, rather than by director alone and
included guarantees of harmful substances as well as of beneficial ones and added Subdiv. (n) defining "commissioner"
as commissioner of agriculture; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31,
1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer
Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the
merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
See chapter 54 re uniform administrative procedure.